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(영문) 서울중앙지방법원 2016.06.23 2015고단5664

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 23, 2015, at around 01:10, the Defendant avoided the disturbance in the “E dan dan” located in Gwanak-gu in Seoul Special Metropolitan City, which is operated by the Victim C (56) in Seoul Special Metropolitan City, the Defendant got the face of the victim at a time and in his/her hand, took the face of the victim at a time and in his/her head, took the face of the victim at a time and damaged the glass cup, and violated the left face of the victim, and continued to take the face of the victim by his/her hand.

In the end, the Defendant carried with him a dangerous article, and carried with him about 8 to 10cc teared from the left eye of the eyebrow where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on dispatch to the scene of violence, and victim photographs;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements of a victim and hear and report videos);

1. In light of the reasons for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act as to the facts constituting an offense, the sentence shall be sentenced in the same manner as the order, taking into account the following circumstances: (a) the Defendant was aware of the victim’s face and suffered relatively heavy injury; and (b) the Defendant was not agreed upon with the victim; (c) the Defendant’s recognition of the offense; (d) the Defendant did not have any record of punishment for the same kind of offense; and (e) the Defendant’s age, sex, sex, environment, family relationship, motive and consequence of the offense; and (e) the circumstances constituting the conditions for sentencing as shown in the instant argument, such as the circumstances after the commission of the offense